Equality South Westworking to make equality a

reality

Brenda Weston – Policy and Research lead

What we will cover

This presentation aims to

Introduce Equality South West:

who we are

what we do

who we work with

Outline key provisions of the Equality Act

Look at some of the implications related to affordable and social housing

Look at how the HCA can contribute to equality through its activities

What we are

• A third sector infrastructure organisation covering the South West

• Charity and company limited by guarantee

• Not for profit• Small team specialising in promoting

equality, diversity in the South West

What we do

• Policy – ‘horizon scanning’ – identifying opportunities and challenges to equality

• Lobbying and campaigning• Support services: e.g. training/awareness

raising/information sharing/resources• Deliver and award ESW Equality Standard • Three strategic priority areas: Health,

Housing and Education

Who we work with

Voluntary, public bodies & private sector employers/service providers in the SW – includes a number of housing associations National (EDF/BIHR/single strand national orgs) and other regional ‘pan-equality’ bodiesGovernment departments (Government Equalities Office/MoJ/NHS)

Equality and Human Rights CommissionMPs and relevant parliamentary groups

Main purpose of the Act“To harmonise discrimination law, and to strengthen the law to support progress on equality".

Streamlines and combines previous legislation to make things easier for businessesProvides new measures to fight discrimination Extends previous protections to cover 7 equality ‘strands’ plus marriage and civil partnerships, pregnant women and new mothers.

Headline provisions include New ‘Protected characteristics’Age discrimination: goods, facilities and servicesNew definitions of discriminationGender reassignmentProtections for carers Positive action Single Public Sector Equality DutyPublic procurementStronger Employment Tribunal powers Stronger protections for disabled people

Nine ‘Protected characteristics’

Age DisabilityGender reassignmentMarriage and civil partnershipPregnancy and maternityRaceReligion or beliefSexSexual orientation

Forms of Discrimination

Direct discrimination

by association

by perception

Indirect discrimination (EU definition applies to all)

Harassment (including by a third party)

Victimisation

Discrimination arising from disability

Why an Equality Act?

Stephen Lawrence enquiry: ‘institutionalised discrimination’ recognised as an issueEvidence of impacts of prejudice and discrimination on

Educational achievementEconomic securityMental health and physical health well-beingChances of ‘criminalisation’Promotion opportunitiesHousing choices

Public Sector Equality Duty(PSED)

“… requires public bodies, and others who exercise public functions, to have due regard to the need to

eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity; and foster good relations between people who share a protected characteristic and those who do not share it.”

The PSED and procurement

£billions public funds spent on buying in servicesProcurement to be used to advance public policy objectives on equality

Public bodies expected to fulfil Equality Duty in the procurement processOrganisations bidding for public contracts need to ensure E&D practice meets public sector duty

The PSED Specific Duties Regulations, 2011Public bodies will be required to:

publish ‘specific and measurable’ equality objectives by 6 April 2012, then every four years;

publish information at least annually to demonstrate their compliance with the general Equality Duty

relating to their employees (for bodies with 150 or more staff) and others affected by their policies and practices - such as service users.

Information must be accessible to the public (but) can be included within another published document.

Equality data

Under the requirements of the general duty to have ‘due regard’ to the matters set out in the Act

“public bodies will need to understand the effect of their policies and practices on equality…

this will involve looking at evidence, engaging with … staff, service users and others and…

considering the effect of what they do on the whole community”.

(Quoted from: Equality Act 2010: The public sector Equality Duty: reducing bureaucracy)

Equality Act in a changed environment

Equality Act developed and passed in a different political and policy environmentConflicts with some key Coalition themes

Lift ‘bureaucratic burdens’ on business/ public bodiesSmall state/big societyLocalism Bill Bonfire of the quangos (e.g. Audit Commission)‘Citizen regulators’Reducing/reforms to welfare spending

Voices from the SW

“Discrimination is very, very strong in this country and I don’t see a way out - and that hurts me very much – in spite of all the talk about equality…” (BME Focus group)

“…as a lesbian I don’t think I can be myself due to the discrimination I’ve experienced and the attitudes I hear expressed by people who assume I’m hetereosexual… I don’t want to be discriminated against.” (Women’s Focus Group)

“I feel I’ve experienced a violent assault at work in terms of relentless racism that’s made me feel incredibly unsafe.” (Women’s Focus Group)

“Many Trans people are still terrified of being identified as such, and with good reason.” (Trans Focus Group)

Housing a key equality issue

• Discrimination and economic marginalisation > greater reliance on social housing

• Prejudice-based targeting by neighbours

• Issues for women fleeing abuse and violence

• Accessible/lifetime homes• Cultural and religious issues

Things that HCA can do ...Make equality and diversity a visible feature of HCA

Collect/analyse data on protected groups to promote and monitor progress on equality where appropriate

Seek dialogue with the protected groups in communities and in the workforce (‘minority groups’ as a concept often overlooks issues particular to women)

Explore ways to promote equality (including positive action where justified ) through the HCA’s various functions

Develop appropriate equality criteria to inform funding, regulatory and procurement functions and processes

Sources of guidance and support

For questions about the Equality Act and how it affects you: enquiries@geo.gsi.gov.uk

Government Equalities Office website http://www.equalities.gov.uk/equality_act_2010.aspx

EHRC Non-statutory guidance and Statutory Codes of Practice – Jan 2011, and

EHRC Equality Act Toolkit: www.equalityhumanrights.com/equalityact/

Development guidance on procurement (http://www.idea.gov.uk/idk/core/page.do?pageId=9308150

Thank you.Questions?